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Withdrawals from the Bank of Mum and Dad are driving a rise in pre-nuptial agreements. Lawyers say more parents are insisting on prenups as they help their adult children buy a home. For 40 per cent of first home buyers, a loan from mum and dad is the only way to get into the market. Sold, congratulations.
Now, many parents are looking at protecting that asset, requesting their children sign prenups with their partners. If their objective, is to ensure that it comes back to the family or them in the event of a separation, it is absolutely imperative to at least go into the transaction, eyes wide open.
Lawyers say applications for binding financial agreements have risen dramatically over the past few years. I’ve seen about a doubling of enquires. I think I’d probably say 20 per cent or so. Attributing the spike to two main factors, an increase in the amount of money transferred from generation to generation and younger couples taking proactive steps to protect themselves from a messy divorce.
Most often, because they have seen it happen to family or friends. People, I think, are more aware of changes in their lives and so they are more likely to consider risk management. The documents are binding but that hasn’t stopped people debating them in court.
Lawyers say this often happens when the agreement heavily favours one party. Lots of reasons. There’s been lots of caseload over the last 20 years or so with people trying to extract themselves from, you know, unfortunate agreements they have entered into.